If you or someone you know has been arrested for a DUI in Orange County, there are many questions that can arise. A recent conversation with a potential client highlighted some common concerns, from understanding the role of sobriety tests and body cam footage to dealing with license suspension. Below, we address these issues to help you better understand the process and what you should consider if you find yourself in a similar situation.
1. What Happens When a Breathalyzer Test Fails to Produce Results?
A common concern is when a driver passes a field sobriety test, but the breathalyzer (Preliminary Alcohol Screening test, or PAS) fails to produce a result. This can be confusing and frustrating for the driver, who may feel they have done everything right. However, it’s important to understand a few key points:
- Officers’ Decisions on the Scene: Even if the PAS test doesn’t display a clear result, officers may proceed with an arrest based on their observations. This could include detecting the smell of alcohol, noticing erratic driving, or observing physical signs of impairment.
- Misinterpretation of “Passing” Field Sobriety Tests: Unlike a written exam, there’s no definitive “pass” or “fail” for field sobriety tests. Officers use these tests to observe certain cues that might indicate impairment, such as balance issues or the inability to follow instructions. One test, the Horizontal Gaze Nystagmus (HGN), assesses involuntary eye movements, which a driver cannot control, making it difficult to self-assess performance.
2. What Is the Role of the Blood Test in a DUI Case?
After a DUI arrest, the police may request a blood test to determine blood alcohol concentration (BAC). The Orange County Crime Lab typically takes about 10 days to process and return the results. The blood test is often used as a definitive measure of BAC, especially if a breath test was inconclusive or malfunctioned.
- What If the Blood Test Shows a BAC Over the Legal Limit? Even if the results come back with a BAC over the legal limit of 0.08%, a defense attorney can still challenge various aspects of the case, such as the accuracy of the blood test, the timing of the arrest if there is a no drive issue, and whether proper procedures were followed during the test collection which can lead to fermentation.
3. How Do I Handle My Driver’s License Suspension?
A critical aspect of a DUI arrest is the Automatic Per Se (APS) hearing with the DMV. This hearing is different from the criminal court case and deals solely with your driver’s license.
- Requesting an APS Hearing: Within 10 days of the arrest, the driver or their attorney must request an APS hearing with the Orange Driver Safety Office of the DMV. Failing to do so can result in an automatic suspension of the driver’s license. Requesting this hearing not only gives you more time to keep driving legally but also provides access to important information like police reports and body cam footage before the criminal case progresses.
- The Role of Body Cam Footage: Body cam footage can be crucial in a DUI defense as it may reveal how the field sobriety tests were conducted and whether the officer followed proper procedures. There are two ways to obtain this footage:
- Through the Court: By requesting it from the prosecution during the discovery process.
- Through the APS Hearing: By issuing a subpoena specifically for the body cam footage as part of the DMV hearing process.
With. the DMV queuing already made. Then you can send out a subpoena for the purpose of getting the body cam footage. A picture of the subpoena is on the left hand side. It can. be downloaded through this link you. will need to fill out this subpoena and serve it. The body camp footage is an important piece of evidence. In addition to that, it can also be used to prove or disprove the officers version of events.
4. What Should You Expect in a DUI Case Timeline?
DUI cases can vary in length depending on complexity, but for a first-time DUI, the process can last several months, often extending three to six months from the first court date and even longer if your case is not filed at arraignment which can cause a delay. Here’s a rough timeline:
- Initial Court Date: Usually scheduled about 30 to 60 days after the arrest. This is the arraignment where the driver enters a plea.
- Pre-Trial Negotiations: During this time, the attorney may work to obtain body cam footage, police reports, and blood test results to build a defense.
- Resolution or Trial: Most DUI cases in Orange County are resolved before going to trial, either through plea deals or dismissal if evidence is weak. Only a small percentage of cases proceed to a jury trial.
5. How Much Does a DUI Defense Cost?
The cost of hiring a DUI attorney in Orange County typically starts at $3,500 for handling the DMV hearing, pre-trial negotiations, and representation in court. Additional fees may apply if the case proceeds to trial, but the focus of most attorneys is to resolve cases efficiently without the need for a trial.
- Is Hiring an Attorney Worth It? Even if you believe you have a strong case (such as passing a field sobriety test or having a malfunctioning breathalyzer), having legal representation can significantly improve your chances. An experienced attorney will know how to challenge evidence, negotiate with prosecutors, and advise you on how to keep your driving privileges intact.
Conclusion: Get the Right Guidance for Your DUI Case
Navigating a DUI charge can be complex, especially when dealing with the intricacies of field sobriety tests, blood test results, and DMV deadlines. If you or a loved one has been arrested for DUI in Orange County, don’t hesitate to reach out to a qualified DUI attorney who can guide you through the process and help protect your rights. By acting quickly, you can ensure a stronger defense and a better outcome for your case.
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